(a) No person shall set fire to or cause or permit to be burned in any yard, lot, street or alley, any rubbish or garbage. Except as otherwise provided in this Section, no person shall set fire to or cause or permit to be burned in any yard, lot, street or alley, any paper or other combustible material unless such material is confined during combustion to an approved incinerator. For purposes of this subsection, an “approved incinerator” is one that prevents the escape of soot, cinders and ash. No fire may be set or caused or allowed to burn in or on any public right-ofway.

(b) The burning of dry leaves and dry landscape waste material is allowed under the following conditions:

(i) that said burning be attended, at all times, by an adult, and not within an immediate location of any human structure, building, fence or dwelling house;

(ii) that said burning be on the premises on which said waste is generated and not upon any sidewalk, road, curb, city improvements, easements or property of an organization surveying utilities;

(iii) that said burning does not create a visibility or pollution hazard within the area or upon roadways, or sidewalks, used by pedestrians or vehicles, and that atmospheric conditions will readily dissipate any contaminations;

(iv) that said burning is not within a restricted area or within an area prohibiting fires;

(v) that debris or burning material does not remove or blow from this premises onto the adjacent or adjoining premises, or other property within the area;

(vi) that said burning not be conducted from sunset to sunrise.

For purposes of this subsection, the term “landscape waste material” is defined as dry leaves, the dry trimmings of fallen pieces of trees or bushes not more than three inches in diameter, and other dry vegetative matter as is ordinarily produced by any yard, garden or lot.

(c) Notwithstanding any other provision of this section to the contrary, it shall be lawful for any person to burn combustible material for the purpose of a social gathering outdoors in any permanent or temporary outdoor fireplace, grill or barbecue pit. Provided, however, that any such fire must be kept under competent and continuous supervision and must be kept a sufficient distance from any building, structure or other material so as not to constitute a fire hazard. For purposes of subsection (c), any open burning used for the purpose of a social gathering shall only occur from sunrise to 11:00 p.m. (Ord. #1583, 06-21-10)

(d) Notwithstanding any other provision of this section to the contrary, except for subsection (c) above, at any time when meteorological, climatological, hydrological or agricultural drought conditions exist because of a period of wellbelow-average precipitation, inadequate soil moisture, or otherwise, so as to present a substantial risk that any fire or burning within the City may be inadvertently spread or cause another fire, the mayor may declare a “state of emergency” to exist, by signing under oath, a statement finding that such standards for the emergency have been met, setting forth facts to substantiate such findings, describing the nature of the emergency, and declaring that a “state of emergency” exists. Such statement shall be filed with the city clerk as soon as practicable. Upon the filing of the statement by the mayor, it shall be unlawful for any person to build a fire or to set fire to or cause or permit to be burned in anyway any substance or material whatsoever, including but not limited to dry leaves or dry landscape material, in any yard, lot, street or alley, or outside any permanent structure. The mayor shall cause notice of the “state of emergency” and the time the statement was filed with the city clerk to be given by available means reasonably known to him. The mayor may declare a “state of emergency” ended by giving written notice to that effect to the city clerk, but in no event shall a “state of emergency” declared to exist extend beyond the adjournment of the first regular meeting of the City Council after the “state of emergency” is declared.

(e) Any person convicted of violating any provision of this section shall be subject to a fine not less than one hundred dollars ($100.00) nor in excess of seven hundred fifty dollars ($750.00).